Lawyer Representation for OPM Disability Claims: The story

Everyone has one; some, more interesting than others; others, less interesting than most; most, told in disjointed streams of subconscious dilemmas often coopted by deceitful tellings that leave amiss the juicier elements that would otherwise offend.

Is there “the” story, or just many little details comprised of “a” story here, a story there, and in the aggregate, it makes up the total picture of a person?  Can one ever know a person in his or her fullness, or must there always be left out an element of surprise, mystery and a deficiency otherwise not noted?  Can people be married for 50 years and still be surprised by something in the other spouse’s past?

How are memories triggered to begin with — say, for example, a couple has been married for half a century or more, and one night they get a carry-out from a newly-opened restaurant in their neighborhood that serves a special Moroccan dish from the menu, because the restaurant owner’s wife’s late husband’s third cousin twice removed recently visited the country and brought over a recipe that could not be resisted.

The two older couple (yes, you may infer from the fact that they have been married for over a half-century to connote that the couple are rather elderly) sit down for this delectable dish, and as they begin serving the various food items and transferring them from the paper boxes onto dinner plates, the wife takes in the aroma of the vegetables, cooked in a certain sauce, and declares to her husband, “Oh, this reminds me, I was in Morocco when I was younger.”

Now — for fifty some odd years, this couple has been married; they have had children; they have shared the many stories to tell, both included and some where each experienced a slice of life separately; and one would think that such a detail as having been to a foreign country which not many Americans visit in the first place, would be something that was told during the course of their long and lasting relationship.

What would be the explanation for not having told?  How about: “Yes, I was kidnapped and held for ransom for months, and I repressed the memories these many years”; or, “Oh, I was just 2 or 3 and don’t really remember much about it, other than my parents dragging me to Morocco just to get away”.

Such explanations might be understandable; but how about the following: “Yes, I was there for 5 years, from about the age of 10 – 15, and it was the most impactful experience of my life.”  Now, this last explanation — one would wonder, of course, what kind of a marriage this elderly couple could have had if the spouse had never related the most “impactful” period of her life, would one not?

“The Story” of one’s life will always contain some omissions (that is a conundrum and an oxymoron, is it not — to “contain” and “omit” at the same time?) about various experiences encountered, but that is a natural course in the very “telling” of one’s narrative.  Most narratives have a beginning and an end; some are interesting, others not; but in the telling, the narrative itself must be coherent and comprehensible, as well as containing relevance and significance within the meat of the narrative itself.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of ones’ Federal or Postal job, it may become necessary to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

During such an administrative process, it is necessary to “tell one’s story” by completing SF 3112A, Applicant’s Statement of Disability.  It is a “slice of life” story, and should be as compelling as the aroma that triggered the admission of one’s Moroccan past — for, every story is a unique one; it is in the telling that brings out the mystery of a person’s singular tale of painful experiences, and this is one more slice that needs a coherence within a narrative required in order to obtain a Federal Disability Retirement benefit.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: The price of status quo

Everything has a price, whether in terms of monetized payments or through labor, effort, worry and loss of peaceful interludes.  What expansive periods of our lives do we engage and assign to “wasted” time that must be discarded, forgotten and left beside?  What is the price we pay to maintain the status quo, even though we know that such clinging to a lack of change is merely extending the wastefulness of our own making?

Change is something that most of us resist.  Yes, we hear of, read about, or otherwise are told about “venture capitalists” or gamblers who throw the dice on everything — their future, their stability, their own sense of worth, whether net or paid for in dreams lost; of how you cannot know success until you first experience the bitter taste of failure, and how the most successful of men and women in the world failed miserable many times over until that moment of victory and triumph.

The ordinary human being, however, is either unwilling to, or otherwise unmotivated in any path towards self-destruction, or the potential for such disastrous outcomes whether real, dreamed, imagined or feared.  The fact is that there is always a price to pay whether or not one acts affirmatively, or doesn’t act at all.

The former places the burden of identifiable responsibility squarely upon the proverbial shoulders of the acting agent; the latter — of “sitting tight”, not doing anything, and remaining the perennial benchwarmer who merely watches and observes as the world passes by — can always defer any personal responsibility and counter that it was “circumstances beyond my control” or that “fate had its rueful day”, or other such indifferences of neutrality.

The reality, however, is that the price of status quo is often just as expensive as that of affirmatively acting; we just fail to see it by conveniently engaging in language games that avoid such recognition of such consequences resulting from inaction.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, preparing, formulating and filing an effective Federal Disability Retirement application, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best alternative to paying the continuing price of status quo.  What cost?

Well — the enduring of the medical condition; the constant harassment at work; the increasing pressure of disciplinary procedures; and much more, besides.  That is the price of status quo.  And of affirmatively moving forward with a Federal Disability Retirement application?  It, too, must pay a steep price — of engaging a complex administrative and legal process; of facing the chance of a denial from the U.S. Office of Personnel Management; of entering into a surreal universe of bureaucratic morass.

But everything has a price to pay — whether of status quo or of affirmative movement; it is up to the Federal or Postal employee as to whether the end-product is worth that price.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Admitting defeat

It is probably the single most difficult thing to do in life, and its inability reflects upon the abysmal state of education, both higher and lower.  The manner in which education is perpetuated – where “right answers” receive accolades and admitting of defeat merely alters the pecking order of who is admired and who are relegated to the detritus of human society – merely reinforces the greater loss of empathy, the destruction of civility and the coarsening of society.

Facebook, too, merely perpetuates the focus upon destroying an opponent and quieting any voices that may provide a quiet revolution, as alternate voices are silenced into submission by mere meanness of bombardment and repetition.  Some would applaud this all-too Darwinian approach as merely reinforcing the innate nature of “survival of the fittest” – for, admitting defeat is tantamount to revealing weakness, and the weak are mere fodder for the strong and stronger.

Whether in argumentation of discourse or fighting battles, wars – real or virtual – or verbal encounters characterized as harmless skirmishes on the Internet, it matters not anymore the manner in which one prevails, only that one does reach the apex of any endeavor, profession or undertaking.

Once upon a time, there were some rules of engagement – of a civil discourse where debates were conducted in quiet tones and respectful venues, and where humility called for admission of recognizing the greater argument which results in establishing the goal for the greater good.  Now, it matters not the means; for the end justifies the means and if you can shout down the opponent, lie about the facts and cheat around the strategy, it is the winner who is looked up to and the victor who walks away with the spoils.

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal positional duties, it may be that the best way to avoid admitting defeat is to file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, but somehow one’s priorities have become skewered in this obsessive-world where admitting a medical condition is tantamount to admitting defeat, as opposed to merely recognizing the limits of human endurance and the frailty of the human condition.

Fortunately, the rules governing Federal Disability Retirement benefits allow for the Federal or Postal employee receiving Federal Disability Retirement benefits to go out into the private sector, or even into the state or local government, and work at another job or vocation and make up to 80% of what one’s Federal Government or Postal job currently pays, and thus, to that extent, obtaining a Federal Disability Retirement annuity is not considered admitting defeat, but merely a change of venue in the pathways of life’s complexities throughout.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability: The constant struggle

It does appear never-ending, doesn’t it?  And what of that dream – of some windfall, or perhaps the lottery pick of numbers that somehow keeps people coming back to the corner Mart and purchasing tickets despite the astronomical chances that defy the odds of probability?  Why is it that people are more apt to believe in conspiracy theories that the moon landing or aliens from Mars have been concocted and coopted by some nefarious government, but no one believes that those “winners” of multi-million dollar lotteries have been a “set-up” to keep people enticed into buying more and more worthless tickets?

Is it because life is a constant struggle, and so long as there is some fantasy to believe in, some pie-in-the-sky probability to reach for and dream about, the misery of today’s misfortune can be borne with aplomb “so long as” … so long as there is some hope for tomorrow?  And even if the lottery were to be won, by some unforeseen whim of a chance begotten, would life no longer be that constant struggle, and does financial freedom guarantee happiness, joy, freedom from the struggle and liberty from the daily fetters of life?  Why is it that we believe that winning a treasury trove of sudden infusion of financial depth will suddenly resolve all ills of life?

And then, of course, there is the medical condition.

What most people would not trade for good health – and, for some, even a day’s worth, an hour’s splice of that day, or even a few minutes free from the pain, the anxiety, the worry of ill-health?  It is one of those statements of proverbial “throwaways” that we all pay lip-service to, isn’t it?  That one that goes something like: “Oh, I would trade in all of my wealth, status and everything I own to get my health back.”

We hear other people say it, and nod with quiet agreement, but somehow, we don’t quite believe it – until our own health begins to deteriorate.

The key to wisdom in life’s journey is to come to a point of recognition that the constant struggle never ends; and by such recognition, to savor the moments of beauty and those “little joys” of life.  Yes, yes, that is the basis of another “conspiracy” or sorts – of the wealthy and powerful to make the “little people” believe in such joys as flowers, children and puppy dogs, while they go out and sun themselves on the extravagant yachts of life.

For Federal employees and U.S. Postal workers whose health has been deteriorating, who recognize that one’s career is more than just the constant struggle of daily living, it may be time to consider filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, you cannot any longer do all of the essential elements of your job; yes, life is a constant struggle, and your medical condition makes it all the more so; no, you are not going to win the lottery; and finally, even if you did, it won’t make the pain or depression go away, and winning the lottery, in the end, won’t make the constant struggle disappear, and probably won’t even make it any more bearable; and thus the need to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal & Postal Employees: Staring into nowhere

Except in the slumber of darkness, it is an impossibility of a feat unperformed; yet, the metaphor itself works well, because we all engage in those periods of vacant stares where someone suddenly nudges you back into reality and comments, “It was as if you were lost in thought.”  What does that really mean?

The fact that we can stare, perceive through organically mechanistic means of refractive light upon the cornea of our eyes and yet fail to be “conscious” about the bodily functioning of organs designed to perceive, evaluate, analyze and judge so that other predators may not surprise us for their mealtime delights, is indeed a mystery that evolution cannot fully account for.  Staring into nowhere is the physical capacity to be awake, fully conscious and have perfect vision and eyesight, and yet “see” nothing beyond the point of one’s protruding nose.

In an analogy or even a metaphorical sense, it is the loss of hope because of an inability to see a future bright and with excitable anticipation.  Remember those youthful days when the future yet remained as a potentiality unfulfilled and unable to be fully foreordained because of the unfettered plenitude of energy unbounded to be released forevermore?  We could barely contain the excitement to “get out there” and “show the world” what we are made of, the unleashing of one’s creative energy ready to “wow” the universe that had never seen the likes of such talent and reserve of energetic innocence.

And then something happened.  Life intervened; love paused; a leave of senses occurred.  Or, more likely, we encountered others who had the same hopes and dreams, and recognized that others had already trampled upon the unspoiled grounds of sacrosanct altars, and there was little left for us.  Then, with wisdom and experience somewhat under that proverbial belt, we moved on and adopted some more “realistic” goals, and were perhaps all the more happier for it.

Then again, perhaps a medical condition intervened, and a further and “real” reality set in – one that continued to debilitated and progressively destroy.  Medical conditions can do that to a person, and an agency’s insistence upon antagonizing and creating a hostile work environment somehow adds to the turmoil.

Preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, is often the only way to ultimately escape that vacant staring into nowhere, precisely because it allows for a vantage point of future security to be recognized.

Staring into nowhere, while escaping into the impractical world of daydreams, may allow for relief for a moment, but the more effective perspective is to look at one’s circumstances, assess the Federal agency or Postal Service’s capacity to denigrate and destroy, and begin taking those steps in preparing for one’s future by considering filing an effective Federal Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Bugs

Some are systematically exterminated; others, kept by organic farmers for their predatory advantages, including killing others; and still others are quickly brushed off as pesky little creatures not necessarily bothersome in numbers or even in appearance, but because “bugs” are simply not tolerated in an antiseptic universe where good order and neatness cannot include the appearance of a creature that may do nothing but crawl, creep and fly about in the open space of a garden, within a house or along the fence posts.

They have become a generic “catch-all” phrase that includes anything that moves about that is smaller than a rodent and larger than a speck of dust.  We have, additionally, transferred the sense of anathema in a more metaphorical manner, as in “bugs” in computers or in other appliances that fail to work properly, as if the living bugs in the universe are equated with those imaginary deficiencies of human technological innovation.  Then, there is the phrase, of course, of being worried about something, or having something bother one’s thoughts and invading the peace of one’s mind, as in the question, “What’s bugging you?”

We attribute and project from experiences we have had, and by analogy and metaphor transmit reputations that may never be deservedly ascribed.  Bugs are, in the end, creatures that are avoided, entities that have a reputation encompassing something less than desirable, and for the most part, have become a focus for instincts to exterminate, no matter that they are environmentally positive and have contributed to the balance of nature for endless ages.  And yet, we squash them without a second thought, brush them aside and swat at them to rid them from this universe.

They are, in many respects, tantamount to a microcosmic manner in which some people treat other and fellow human beings.

For the Federal employee and U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal employee from performing one or more of the essential elements of one’s Federal or Postal job, the very concept of the “bug” applies in so many small and almost insignificant ways, but we just don’t realize it.  Has it “bugged” you that the Federal Agency or Postal facility mistreats you because of your medical condition?  Are you considered now as nothing more than a pesky “bug” that irritates, and does the Agency wish to treat you as nothing more than a “bug” to be squashed if given half the opportunity?

Yet, despite having contributed to the mission of the Agency or the work of the Postal Service for all of these many years, just like the bugs that have made the environment better throughout, the Federal or Postal worker with a medical condition is considered expendable.  It may be time to prepare, formulate and file for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The tangents that bind

They are often viewed as mere distractions – those activities that fail to follow the centrality and linear path of core, essential projects.  Or, more often than not, they are the wanderings and linguistic meanderings that make verbal communication all the more interesting – you know, that person that suddenly goes off on a tangent and tells an otherwise interesting story, but leaves you scratching your head with puzzlement and left dumbfounded.

In an even different sense, it can mean those quirky hobbies or sidelined projects; even of collecting matchbox cars, comic books or getting excited over stamps.  Stamps?  Matchbox cars?  Comic books for adults?  These are the tangents of life that bind.  We don’t often see them that way, because they are, in the larger scheme of things, somewhat insignificant, irrelevant and entirely superfluous to the greater population.  But what people often do not realize, is that tangents provide the glue that binds; for, if not for the distractions, hobbies and projects that give us a respite from the daily stresses of our lives, life itself would become a jumble of intolerable consequences.

Then, when a medical condition enters a picture, where the chronic pain or the psychiatric impact makes even those tangents no longer pleasurable, such a state of being then makes the rest of life unbearable.

For the Federal employee or U.S. Postal worker who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, it becomes quite apparent that when the tangents that bind no longer cement the worthwhile perspective of life’s meaningfulness, it is definitely time to consider preparing, formulating and filing an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Sincerely,

Robert R. McGill, Esquire